Unit 8 - Lesson 2 Flashcards
Objectives
Deconstruct the ambiguous language of federalism in the U.S. Constitution
Judge differing viewpoints on the appropriate balance of power between the states and the federal government
Analyze the ongoing struggle between the states and the federal government, using relevant judicial decisions and pieces of legislation
Compare and contrast the history, contents, and importance of the first state constitutions with the role and common features of current state constitutions
Evaluate the procedures used to change state constitutions
Analyze the debate in the nullification crisis
Assess your state constitution and propose appropriate changes
fundamental law
laws of basic and lasting importance that may not easily be changed
initiative
nullification
is the power of the states to reject federal laws found to be unconstitutional.
states’ rights
refers to this ongoing struggle to keep the powers granted to the states in the hands of the states. How do you balance state and federal power
statutory law
laws passed by the legislature,
Elastic Clause
(Necessary and Proper Clause)
(Elastic Clause)
The Congress shall have Power To. . . make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.
–Article I, Section 8, Clause 18
-conflict with the Tenth Amendment,
-stretched to mean just about anything.